When renting a home or apartment, most landlords require that the tenants pay a security deposit prior to moving in. When you move out, this deposit is returned, minus any deductions. Unfortunately, issues regarding security deposit returns can be complex, and often necessitate the involvement of a real estate attorney. Here is what you should know.

What Is the Security Deposit For?

The security deposit is designed to cover potential cleaning or repair expenses resulting from your tenancy in the apartment. This can also be used to cover unpaid rent or utilities.

As part of this agreement, tenants must be presented with the rental agreement. Tenants must also be given the opportunity to inspect their apartment after moving in and report pre-existing damage to the landlord.

What If a Landlord Unlawfully Withholds the Deposit?

Real estate attorneys often get involved when landlords unlawfully withhold money from a tenant’s security deposit. Wisconsin law requires that the deposit be returned to the former tenant within 21 days of the move-out date.

Any withholdings for repairs or cleaning must be itemized when the rest of the security deposit is returned. Otherwise, the tenant can pursue legal action to regain their full deposit. Most hangups occur over the distinction between normal wear and tear and excess damage.

Landlords are responsible for normal wear and tear, such as faded curtains or paint, minor nail holes, or linoleum stains. Excessive damage stems from negligent tenant behavior, such as broken bathroom tiles, cigarette burns or pet urine stains in the carpets, or major gouges in the wall. Such issues can result in withholdings from the deposit.

Whether you’re dealing with a personal injury case or need help from a real estate attorney, you can count on the lawyers at Osborne, Tripp & Schmidt in Sparta, WI. Representing area residents on a wide range of issues, their friendly and approachable team will put your needs first to ensure a good outcome for your case. To learn more or to schedule a consultation with a real estate attorney, visit them online or call (608) 269-2400.